Citation Nr: A21020680
Decision Date: 12/30/21	Archive Date: 12/30/21

DOCKET NO. 210202-177925
DATE: December 30, 2021

ORDER

The issue regarding the timeliness of a claim for reimbursement or payment of ambulance transport services by Guilfolye Ambulance Service Inc. on February 14, 2019 is dismissed.

FINDINGS OF FACT

1. The appellant's claim for payment or reimbursement for ambulance transportation services were denied by VA because the claim had not been submitted within the 90-day timely filing period.

2. Upon secondary review, VA overturned the initial denial decision after the record demonstrated the appellant had filed the claim on June 10, 2019 and the 90-day timely filing period ended on June 11, 2019.

3. As VA has overturned its initial denial, there is no decision for appeal.

CONCLUSION OF LAW

The Board of Veterans' Appeals (Board) has no jurisdiction to review the claim, and it must be dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active duty in the Air Force from November 1952 to November 1956.  The Veteran died in March 2020.

The appellant is Guilfoyle Ambulance Service Inc. (Guilfoyle), and is the vendor who provided the services in question on February 14, 2019.

The appellant appealed the decision regarding the timeliness of the claim to the Board of Veterans' Appeals (Board) in a VA Form 10182, Decision Review Request: Board Appeal in February 2021 and selected the evidence submission review docket.  

In an August 2021 letter, the VHA Office of Community Care notified the appellant that after secondary review, the initial denial decision was overturned.  The AOJ had initially denied the appellant's claim after finding that the appellant had not submitted a claim within the 90-day timely filing date.  Evidence received upon appeal showed that the appellant submitted the claim to VA on June 10, 2019 and the deadline was June 11, 2019.  

An October 2021 report of contact confirmed these facts.

As such, the Board will dismiss the issue regarding the timeliness of the claim.  The issue is now moot as the VHA has found the claim for reimbursement timely.  There no longer remains a question before the Board as to the timeliness of the claim for reimbursement of medical expenses. Therefore, the Board does not have 

 

jurisdiction to review the appeal, and it must be dismissed.  See 38 C.F.R. § 20.104. 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Lee

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.